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Ch. 26
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2002 LAWS OF MARYLAND
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"alcoholic beverage" are substituted for the former archaic references to
"spirituous or fermented liquors", and "spirituous liquor" and "fermented
liquor", respectively.
In subsection (a) of this section, the reference to an "authorized provider,
as defined in § 5-101 of this article" is substituted for the former
references to a "licensed practitioner" for clarity.
Also in subsection (a) of this section, the former references to a "letter
writing" are deleted as implicit in the reference to a "paper".
In subsection (b)(1) and (2) of this section, the defined term "counterfeit" is
substituted for the former references to "falsely mak[ing], alter[ing],
forg[ing] or counterfeit[ing]" a device, although the defined term only
includes a "materially" altered device. In order to prove fraud under
current law, any such alteration must be material. No substantive change
is intended.
In subsection (c) of this section, the former reference to a conviction "in any
court in this State" is deleted as surplusage.
Also in subsection (c) of this section, the former reference to imprisonment
"in the discretion of the court" is deleted as implicit in setting a maximum
term.
In subsection (d) of this section, the reference to drugs, medicine, or
alcoholic beverages obtained "in violation of this section" is substituted for
the former reference to those substances obtained "by means of the falsely
made, altered, forged or counterfeited order, paper, letter writing,
prescription, recipe or other device purporting to have been made by a duly
licensed practitioner" for brevity.
Defined terms: "Counterfeit" § 1-101
"Person" § 1-101
8-611. TRADEMARK COUNTERFEITING.
(A) DEFINITIONS.
(1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) "COUNTERFEIT MARK" MEANS:
(I) AN UNAUTHORIZED COPY OF INTELLECTUAL PROPERTY; OR
(II) INTELLECTUAL PROPERTY AFFIXED TO GOODS KNOWINGLY
SOLD, OFFERED FOR SALE, MANUFACTURED, OR DISTRIBUTED, TO IDENTIFY
SERVICES OFFERED OR RENDERED, WITHOUT THE AUTHORITY OF THE OWNER OF
THE INTELLECTUAL PROPERTY.
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- 640 -
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